Terms & conditions

studyON Terms & Conditions

StudyON Licence Agreement

 

This Licence Agreement (as set out in the summary and in the full terms) sets out the terms and conditions under which John Wiley & Sons Australia Ltd of 42 McDougall Street, Milton, QLD 4064, Australia or its licensees (“Wiley”) grants the user (“you”) a licence to access the StudyON online study tool and supporting resources (and if selected for purchase, the teacher edition of such product) (“StudyON”).

 

This Licence Agreement is intended for persons 18 years or older. If you are under 18, you should review this Licence Agreement with a parent or guardian to ensure that you and your parent or guardian understand and consent to all the terms.

 

SUMMARY

 

How can StudyON be used?

 

You may use StudyON in the following manner for your educational and/or teaching use:

·     View and interact with StudyON using your personal log-in on your personal computers or devices;

·     Answer tests and questions and upload answers and materials to StudyON;

·     Use theMyNotes” function to type your own notes, reminders and study tips within your personalised section of StudyON;

·     Print copies of StudyON as it appears on the StudyON website for personal use;

·     Download the ‘see more’ audio visual material that is attached to and part of StudyON’s podpack feature on your personal computer or device for personal use; and

·     Use as otherwise separately agreed in writing between your School or Institution and Wiley (where applicable).

 

How StudyON CANNOT be Used:

 

 

For clarity, except as provided above (and excluding any User Generated Content uploaded by you which can be separately used and retained), this licence does not authorise users to:

·    Make and distribute printed copies or digital copies of any part of StudyON to any person who has not purchased access to StudyON;

·    Modify StudyON, except in order to answer questions;

·    Copy or upload StudyON or any part of StudyON onto any computer network (including any Learning Management System or portal site), the internet or circumvent any digital protection measures;

·    Copy StudyON into a different format than that provided, other than where expressly permitted as part of StudyON;

·    Use StudyON on more than one computer or device at a time with the same user log-in;

·    Share a personal log-in and password with any other person;

·    Use StudyON or parts of StudyON in any presentation outside of your school without the permission of Wiley; and

·    Authorise users to incorporate parts of StudyON into other presentations or onto other devices for distribution.

 

User Generated Content

 

StudyON allows you to upload content or images to share with other users (“User Generated Content”). You agree to only upload User Generated Content to StudyON that is created by you or which you have express permission to use and upload in this manner.

 

You agree not to:

-    Make available material that is not age appropriate for school-aged students;

-    Participate in bullying or other anti-social activities;

-    Upload any material that is offensive or discriminates against others, or infringes any rights of others.

 

At the end of the Licence Term:

 

You agree to delete any saved material from StudyON you may have retained separately from the online version of StudyON when your access to StudyON expires or is otherwise terminated.

  

TERMS AND CONDITIONS

 

1.   Access to StudyON is governed by these Terms and Conditions and the terms set out in the Summary as set out above.

 

2.   Wiley grants you a non-exclusive licence to access, read, interact with and use StudyON for duration of this Licence Agreement.

 

3.   This licence is non-transferable. Where you are a parent or guardian entering into this Licence Agreement on behalf of a child, you may solely grant that one child access to StudyON on the terms of this Licence Agreement.

 

4.   You agree to use StudyON only as set out in the green box in the Summary. You agree not to use StudyON in any manner set out in the red box in the Summary. You agree to keep any access code confidential.

 

5.   The licence granted for your use of StudyON is valid for the Term, as defined in clause 6 below. The Term commences on the date on which you indicate your acceptance to these terms and conditions (“Acceptance Date”).

 

6.   The ‘Term' is defined as:

         i.    ‘Individual Version’: Where StudyON and/or the Access Code is purchased separately - for 487 days (approximately 16 months) from the Acceptance Date.

        ii.    Where StudyON has been purchased or provided through your School or other Institution: where your School or Institution has provided you with access, then the Term shall be in accordance with your School or Institution’s agreement with Wiley, which is usually for the duration of a school year.

 

7.   Wiley may grant you access to StudyON for an initial trial period, in which case the Term runs for a period of 14 days or otherwise at the sole discretion of Wiley. If you choose to convert your trial period into an ongoing licence, by payment of a licence fee or as otherwise determined by Wiley, the continued use of StudyON will be governed by these terms and conditions.

 

8.   In the event that Wiley continues to provide online access to StudyON following the expiry of the Term or any termination, the continued use of StudyON will be governed by these terms and conditions and access can be terminated at any time in Wiley’s discretion.

 

9.   At the expiration of the Term, this Licence Agreement will be automatically terminated. If Wiley determines a breach of this Licence Agreement, your licence and Access Code are automatically terminated. If Wiley terminates the licence due to a breach, such termination will be in addition to any other remedies available to Wiley.

 

10. You acknowledge that all rights (including without limitation, copyrights, patents and trademarks) in StudyON (including without limitation the structure, sequence, organisation, flow, logic, source code, object code and all means and forms of operation of StudyON) are the sole and exclusive property of Wiley, and/or its licensors.

 

11.  StudyON is an online study and exam preparation tool developed by Wiley and incorporating past assessment material used with the permission of the Victorian Curriculum and Assessment Authority (‘VCAA’) and New South Wales Board of Studies (‘NSW BOS’). Specifically, the VCAA and NSW BOS own copyright in and have allowed the inclusion of content from past study guides, exam papers and related assessment reports from past student curriculum.  Neither VCAA nor NSW BOS in any way endorses or is affiliated with StudyON, and makes no warranty as to its correctness or accuracy.

 

12.  The User Generated Content available and uploaded to StudyON is not monitored, controlled or authorised by Wiley, and Wiley accepts no liability or responsibility for User Generated Content or any breach of this user agreement by third parties.

 

13.  In regard to User Generated Content, you agree to abide by the terms under the heading ‘User Generated Content’ in the Summary. By uploading User Generated Content you grant to Wiley a non-exclusive perpetual, royalty free, worldwide licence to display, reproduce and communicate to the public the User Generated Content as part of StudyON and on Wiley websites or in other Wiley materials, for the necessary operation of StudyON and all Wiley promotional purposes and all other internal backup and operational purposes.

 

14.  Wiley makes no representations or warranties, express or implied, in respect of StudyON, other than that Wiley will use commercially reasonable best efforts to provide continued access to StudyON for the length of the Term. To the extent allowable by law, Wiley provides the access ‘as is’ and does not provide any other warranties or guarantees, express or implied, as to any availability, fitness for purpose, merchantability or title of StudyON or of any third party software which may be required to access StudyON. Access to StudyON may be intermittently unavailable due to repair and maintenance, and other events out of Wiley's control. Where Australian legislation, including but not limited to the Competition and Consumer Act (Cth), implies any condition or warranty on the supply of StudyON, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of or liability under such condition or warranty, the condition or warranty shall be deemed to be included in this Agreement.

 

15.  You acknowledge that third party software may be required or recommended to access or use a particular feature of StudyON. Wiley may provide links to third party sites where such software may be downloaded; however Wiley provides no warranties or assurances as to the safety, suitability or any other aspect of any such third party websites or software. You acknowledge that you will be solely responsible for any damage or loss of data that may result from accessing any third party website linked from this website or downloading or using any third party software or files to your own computer from any third party links and that you do all such actions at your own risk.

 

16.  To the extent allowable by law, Wiley or its licensors (including VCAA and NSW BOS) will not be liable to you for any damages, including without limitation lost opportunity, lost profits, lost savings, or other incidental or consequential damages arising out of the use or inability to use StudyON, any third party software or any damage caused to you or your property by utilising StudyON and the liability of Wiley for any breach of any non-excluded condition or warranty shall be limited, at the option of Wiley, to the replacement of StudyON, the supply of an equivalent product or service, or to the costs paid by you for StudyON.

 

17.  You warrant that you will not use StudyON otherwise than in accordance with the terms of this Licence Agreement.

 

18.  If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. 

 

19.  The construction, validity and performance of these terms and conditions and the Summary are governed in all respects by the law of Victoria and the parties unconditionally submit to the jurisdiction of the courts of Victoria.

 

20.  These terms and conditions are subject to change from time to time at the sole discretion of Wiley. Wiley will give notice of its intention to vary the terms of the Agreement to all users. If it does so, your continued use of StudyON will be deemed acceptance of these revised terms. Otherwise, these terms may be also amended by agreement in writing between Wiley and yourself or with your School if they have provided you with access.

 

21.  Wiley may make changes to StudyON, and you agree that Wiley may, from time to time, notify you regarding updates, additions or amendments to StudyON and any associated services.

 

22.  Other than as expressly set out in this Agreement, all personal information received in relation to this Licence Agreement will be treated by Wiley in accordance with Wiley’s Privacy Policy

 

eBookPLUS Student Licence Agreement

eBookPLUS Licence Agreement

 

This Licence Agreement (as set out in the summary and in the full terms) sets out the terms and conditions under which John Wiley & Sons Australia Ltd of 42 McDougall Street, Milton, QLD 4064, Australia or its licensees (“Wiley”) grants the user (“you”) a licence to access the eBookPLUS online product and supporting resources (“eBookPLUS”).

 

This Licence Agreement is intended for persons 18 years or older. If you are under 18, you should review this Licence Agreement with a parent or guardian to ensure that you and your parent or guardian understand and consent to all the terms.

 

SUMMARY

 

How can eBookPLUS be used?

 

You may use eBookPLUS in the following manner for your own educational and/or teaching use:

·    View and interact with eBookPLUS using your personal log-in on your personal computers or devices;

·    Use reasonable excerpts of eBookPLUS in assignments and projects with appropriate credit to eBookPLUS;

·    Download offline PDF or EPUB versions of eBookPLUS or other digital documents accessed via your personal log-in onto your personal computers or devices as required; and

·    If you are a teacher:

o     Make digital copies, photocopies and print-outs of eBookPLUS for use in class and use reasonable excerpts in worksheets and teaching materials, provided that all students in the class have legitimate access to eBookPLUS and with appropriate attribution;

o     Display eBookPLUS on an interactive whiteboard provided that all students in the class have legitimate access to eBookPLUS;

o     Use as otherwise separately agreed in writing between your School or Institution and Wiley.

 

 

How eBookPLUS CANNOT be Used:

  

For clarity, except as provided above, this licence does not authorise users to:

·    Make and distribute printed copies or digital copies of any part of eBookPLUS to any person;

·     Modify eBookPLUS other than as permissible in ProjectsPLUS;

·     Copy or upload eBookPLUS or any part of eBookPLUS onto any computer network (including any Learning Management System or portal site), the internet or circumvent any digital protection measures;

·     Transfer any copies of offline PDFs and EPUB versions of eBookPLUS and associated digital documents onto laptops or devices accessible or owned by other parties, unless expressly agreed between your School or Institution and Wiley;

·     Copy eBookPLUS into a different format than that provided, other than where expressly permitted as part of eBookPLUS;

·     Use eBookPLUS on more than one computer or device at a time with the same user log-in;

·     Share a personal log-in and password with any other person, other than in the case of second-hand physical book sales as permitted by this Licence Agreement;

·     Use eBookPLUS or parts of eBookPLUS in any presentation outside of your school; and

·     Authorise users to incorporate parts of eBookPLUS into other presentations or onto other devices for distribution.


At the end of the Licence Term:

You agree to delete any saved material from eBookPLUS you may have retained separately from the online version of eBookPLUS when your access to eBookPLUS expires or is otherwise terminated.

 

TERMS AND CONDITIONS

1.     Access to eBookPLUS is governed by these Terms and Conditions and the terms set out in the Summary as set out above.

 

2.     Wiley grants you a non-exclusive licence to access, read and use eBookPLUS for duration of this Licence Agreement.

 

3.     This licence is non-transferable, except in the case of second-hand book sales where a limited licence is transferable, as set out in clause 9. Where you are a parent or guardian entering into this Licence Agreement on behalf of a child, you may solely grant that one child access to eBookPLUS on the terms of this Licence Agreement.

 

4.     You agree to use eBookPLUS only as set out in the green box in the Summary. You agree not to use eBookPLUS in any manner set out in the red box in the Summary. You agree to keep any access code confidential.

 

5.     The licence granted for your use of eBookPLUS is valid for the Term, as defined in clause 6 below. The Term commences on the date on which you indicate your acceptance to these terms and conditions (“Acceptance Date”).

 

6.     The ‘Term' is defined as:

a. Where the access code to eBookPLUS is contained inside the printed book: where you are the first owner
    of this book, for a period beginning on the Access Date and ending no earlier than 3 months from the date
    in which Wiley ceases all sales of this edition of the book, as determined by Wiley.
b. Where eBookPLUS is purchased separately:
     i. if purchased for a one year course, for 548 days (i.e. approximately 18 months) from the Acceptance
        Date.
    ii. if purchased for a two year course, for 913 days (i.e. approximately 30 months) from the Acceptance
       Date.
c. Where eBookPLUS has been purchased or provided through your School or other
   Institution: where your School or Institution has provided you with access, then
   the Term shall be in accordance with your School or Institution’s agreement with
   Wiley, which is usually for the duration of a school year.

7.     Wiley may grant you access to eBookPLUS for an initial trial period, in which case the Term runs for a period of 14 days or otherwise at the sole discretion of Wiley. If you choose to convert your trial period into an ongoing licence, by payment of a licence fee or as otherwise determined by Wiley, the continued use of eBookPLUS will be governed by these terms and conditions.

 

8.     In the event that Wiley continues to provide online access to eBookPLUS following the expiry of the Term or any termination, the continued use of eBookPLUS will be governed by these terms and conditions and access can be terminated at any time in Wiley’s discretion.

 

9.     If you have purchased a copy of the print book for a title in association with eBookPLUS, You may sell the book to a new user along with the access code contained in the book, however the new user will only be granted limited access to eBookPLUS and will be required to pay an additional amount to upgrade to the full version of eBookPLUS. The new user thereby becomes the sole user of that access code and will be subject to a new Licence Agreement on registration. You will no longer be able to access eBookPLUS with that access code.

 

10.  At the expiration of the Term, this Licence Agreement will be automatically terminated. If Wiley determines a breach of this Licence Agreement, your licence and Access Code are automatically terminated. If Wiley terminates the licence due to a breach, such termination will be in addition to any other remedies available to Wiley.

 

11.  You acknowledge that all rights (including without limitation, copyrights, patents and trademarks) in eBookPLUS (including without limitation the structure, sequence, organisation, flow, logic, source code, object code and all means and forms of operation of eBookPLUS) are the sole and exclusive property of Wiley, and/or its licensors.

 

12.  Wiley makes no representations or warranties, express or implied, in respect of eBookPLUS, other than that Wiley will use commercially reasonable best efforts to provide continued access to eBookPLUS for the length of the Term. To the extent allowable by law, Wiley provides the access ‘as is’ and does not provide any other warranties or guarantees, express or implied, as to any availability, fitness for purpose, merchantability or title of eBookPLUS or of any third party software which may be required to access eBookPLUS. Access to eBookPLUS may be intermittently unavailable due to repair and maintenance, and other events out of Wiley's control. Where Australian legislation, including but not limited to the Competition and Consumer Act (Cth), implies any condition or warranty on the supply of eBookPLUS, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of or liability under such condition or warranty, the condition or warranty shall be deemed to be included in this Agreement.

 

13.  You acknowledge that third party software may be required or recommended to access or use a particular feature of eBookPLUS. Wiley may provide links to third party sites where such software may be downloaded; however Wiley provides no warranties or assurances as to the safety, suitability or any other aspect of any such third party websites or software. You acknowledge that you will be solely responsible for any damage or loss of data that may result from accessing any third party website linked from this website or downloading or using any third party software or files to your own computer from any third party links and that you do all such actions at your own risk.

 

14.  To the extent allowable by law, Wiley or its licensors will not be liable to you for any damages, including without limitation lost opportunity, lost profits, lost savings, or other incidental or consequential damages arising out of the use or inability to use eBookPLUS, any third party software or any damage caused to you or your property by utilising eBookPLUS and the liability of Wiley for any breach of any non-excluded condition or warranty shall be limited, at the option of Wiley, to the replacement of eBookPLUS, the supply of an equivalent product or service, or to the costs paid by you for eBookPLUS.

 

15.  You warrant that you will not use eBookPLUS otherwise than in accordance with the terms of this Licence Agreement.

 

16.  If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

 

17.  The construction, validity and performance of these terms and conditions and the Summary are governed in all respects by the law of Victoria and the parties unconditionally submit to the jurisdiction of the courts of Victoria.

 

18.  These terms and conditions are subject to change from time to time at the sole discretion of Wiley. Wiley will give notice of its intention to vary the terms of the Agreement to all users. If it does so, your continued use of eBookPLUS will be deemed acceptance of these revised terms. Otherwise, these terms may be also amended by agreement in writing between Wiley and yourself or with your School if they have provided you with access.

 

19.  Wiley may make changes to eBookPLUS, and you agree that Wiley may, from time to time, notify you regarding updates, additions or amendments to eBookPLUS and any associated services. Personal information received in relation to this Licence Agreement will be treated by Wiley in accordance with Wiley’s Privacy Policy

 

eGuidePLUS Teacher Licence Agreement

eGuidePLUS Licence Agreement

 

This Licence Agreement (as set out in the summary and in the full terms) sets out the terms and conditions under which John Wiley & Sons Australia Ltd of 42 McDougall Street, Milton, QLD 4064, Australia or its licensees (“Wiley”) grants the user (“you”) a licence to access the eGuidePLUS online product and supporting resources (“eGuidePLUS”).

 

SUMMARY

 

How can eGuidePLUS be used?

 

You may use eGuidePLUS in the following manner for your own educational and/or teaching use:

·     View and interact with eGuidePLUS using your personal log-in on your personal computers or devices;Download an offline PDF versions of eGuidePLUS and other downloadable digital documents accessed through your personal log-in onto your personal computers or devices as required; and

·    If you are a teacher:

o     Make digital copies, photocopies and print-outs of eGuidePLUS for use in class and use reasonable excerpts in worksheets and teaching materials, provided that all students in the class have legitimate access to the corresponding eBookPLUS version of the text and with appropriate attribution;

o     Display eGuidePLUS on an interactive whiteboard provided that all students in the class have legitimate access to the corresponding eBookPLUS version of the text;

o     Use as otherwise separately agreed in writing between your School or Institution and Wiley.

 

 How eGuidePLUS CANNOT be Used:

 

For clarity, except as provided above, this licence does not authorise users to:

·    Make and distribute printed copies or digital copies of any part of eGuidePLUS to any person;

·    Modify eGuidePLUS;

·    Copy or upload eGuidePLUS or any part of eGuidePLUS onto any computer network (including any Learning Management System or portal site), the internet or circumvent any digital protection measures;

·    Transfer any copies of offline PDFs and EPUB versions of eGuidePLUS and associated digital documents onto laptops or devices accessible or owned by other parties, unless expressly agreed between your School or Institution and Wiley;

·    Copy eGuidePLUS into a different format than that provided, other than where expressly permitted as part of eGuidePLUS;

·    Use eGuidePLUS on more than one computer or device at a time with the same user log-in;

·    Share a personal log-in and password with any other person, other than in the case of second-hand physical book sales as permitted by this Licence Agreement;

·    Use eGuidePLUS or parts of eGuidePLUS in any presentation outside of your school without the prior permission of Wiley; and

·    Authorise users to incorporate parts of eGuidePLUS into other presentations or onto other devices for distribution.

 

 

At the end of the Licence Term:

You agree to delete any saved material from eGuidePLUS you may have retained separately from the online version of eGuidePLUS when your access to eGuidePLUS expires or is otherwise terminated.

  

 

TERMS AND CONDITIONS

 

1.   Access to eGuidePLUS is governed by these Terms and Conditions and the terms set out in the Summary as set out above.

 

2.   Wiley grants you a non-exclusive licence to access, read and use eGuidePLUS for duration of this Licence Agreement.
 

3.   This licence is non-transferable, except in the case of second-hand book sales where a limited licence is transferable, as set out in clause 9.

 

4.   You agree to use eGuidePLUS only as set out in the green box in the Summary. You agree not to use eGuidePLUS in any manner set out in the red box in the Summary. You agree to keep any access code confidential.

5.   The licence granted for your use of eGuidePLUS is valid for the Term, as defined in clause 6 below.
     The Term commences on the date on which you indicate you acceptance to these terms and conditions
     (“Acceptance Date”).

 

6.   The ‘Term' is defined as:

a.   Where the access code to eGuidePLUS is contained inside the printed book: where you are the first owner of this book, for a period beginning on the Access Date and ending no earlier than 3 months from the date in which Wiley ceases all sales of this edition of the book, as determined by Wiley.

b.   Where eGuidePLUS is purchased separately:

            i.    if purchased for a one year course, for 487 days (i.e. approximately 16 months) from the Acceptance Date.

            ii.    if purchased for a two year course, for 852 days (i.e. approximately 28 months) from the Acceptance Date.

c.   Where eGuidePLUS has been purchased or provided through your School or other Institution: where your School or Institution has provided you with access, then the Term shall be in accordance with your School or Institution’s agreement with Wiley, which is usually for the duration of a school year.

 

7.   Wiley may grant you access to eGuidePLUS for an initial trial period, in which case the Term runs for a period of 14 days or otherwise at the sole discretion of Wiley. If you choose to convert your trial period into an ongoing licence, by payment of a licence fee or as otherwise determined by Wiley, the continued use of eGuidePLUS will be governed by these terms and conditions.

 

8.   In the event that Wiley continues to provide online access to eGuidePLUS following the expiry of the Term or any termination, the continued use of eGuidePLUS will be governed by these terms and conditions and access can be terminated at any time in Wiley’s discretion.

 

9.   If you have purchased a copy of the print book for a title in association with eGuidePLUS, You may sell the book to a new user along with the access code contained in the book and the new user shall be granted access to eGuidePLUS. An eGuidePLUS access code can only be transferred twice before it is no longer transferable and will cease. The new user thereby becomes the sole user of that access code and will be subject to a new Licence Agreement on registration. You will no longer be able to access eGuidePLUS with that access code.

 

10.  At the expiration of the Term, this Licence Agreement will be automatically terminated. If Wiley determines a breach of this Licence Agreement, your licence and Access Code are automatically terminated. If Wiley terminates the licence due to a breach, such termination will be in addition to any other remedies available to Wiley.

 

11.  You acknowledge that all rights (including without limitation, copyrights, patents and trademarks) in eGuidePLUS (including without limitation the structure, sequence, organisation, flow, logic, source code, object code and all means and forms of operation of eGuidePLUS) are the sole and exclusive property of Wiley, and/or its licensors.

 

12.  Wiley makes no representations or warranties, express or implied, in respect of eGuidePLUS, other than that Wiley will use commercially reasonable best efforts to provide continued access to eGuidePLUS for the length of the Term. To the extent allowable by law, Wiley provides the access ‘as is’ and does not provide any other warranties or guarantees, express or implied, as to any availability, fitness for purpose, merchantability or title of eGuidePLUS or of any third party software which may be required to access eGuidePLUS. Access to eGuidePLUS may be intermittently unavailable due to repair and maintenance, and other events out of Wiley's control. Where Australian legislation, including but not limited to the Competition and Consumer Act (Cth), implies any condition or warranty on the supply of eGuidePLUS, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of or liability under such condition or warranty, the condition or warranty shall be deemed to be included in this Agreement.

 

13.  You acknowledge that third party software may be required or recommended to access or use a particular feature of eGuidePLUS. Wiley may provide links to third party sites where such software may be downloaded; however Wiley provides no warranties or assurances as to the safety, suitability or any other aspect of any such third party websites or software. You acknowledge that you will be solely responsible for any damage or loss of data that may result from accessing any third party website linked from this website or downloading or using any third party software or files to your own computer from any third party links and that you do all such actions at your own risk.

 

14.  To the extent allowable by law, Wiley or its licensors will not be liable to you for any damages, including without limitation lost opportunity, lost profits, lost savings, or other incidental or consequential damages arising out of the use or inability to use eGuidePLUS, any third party software or any damage caused to you or your property by utilising eGuidePLUS and the liability of Wiley for any breach of any non-excluded condition or warranty shall be limited, at the option of Wiley, to the replacement of eGuidePLUS, the supply of an equivalent product or service, or to the costs paid by you for eGuidePLUS.

 

15.  You warrant that you will not use eGuidePLUS otherwise than in accordance with the terms of this Licence Agreement.

 

16.  If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. 

 

17.  The construction, validity and performance of these terms and conditions and the Summary are governed in all respects by the law of Victoria and the parties unconditionally submit to the jurisdiction of the courts of Victoria.

 

18.  These terms and conditions are subject to change from time to time at the sole discretion of Wiley. Wiley will give notice of its intention to vary the terms of the Agreement to all users. If it does so, your continued use of eGuidePLUS will be deemed acceptance of these revised terms. Otherwise, these terms may be also amended by agreement in writing between Wiley and yourself or with your School if they have provided you with access.

 

19.  Wiley may make changes to eGuidePLUS, and you agree that Wiley may, from time to time, notify you regarding updates, additions or amendments to eGuidePLUS and any associated services. Personal information received in relation to this Licence Agreement will be treated by Wiley in accordance with Wiley’s Privacy Policy

 

JacarandaPLUS Licence Agreement

JacPLUS Licence Agreement

 

This Licence Agreement (as set out in the summary and in the full terms) sets out the terms and conditions under which John Wiley & Sons Australia Ltd of 42 McDougall Street, Milton, QLD 4064, Australia or its licensees (“Wiley”) grants the user (“you”) a licence to access the JacPLUS portal and online resources (“JacPLUS”).

 

This Licence Agreement is intended for persons 18 years or older. If you are under 18, you should review this Licence Agreement with a parent or guardian to ensure that you and your parent or guardian understand and consent to all the terms.

 

TERMS AND CONDITIONS

 

1.        Wiley grants you a non-exclusive, non-transferable licence to access, read and utilise the JacPLUS platform. Where you are a parent or guardian entering into this Licence Agreement on behalf of a child, you may solely grant that one child access to JacPLUS on the terms of this Licence Agreement.

 

2.        You agree to use JacPLUS for your own education and/or teaching use and to view and interact with JacPLUS using your personal log in only. You agree not to share your personal log-in or password with any other person. You also agree not to make JacPLUS, or any part thereof, available on public internet sites or in any way allow anyone without authorised access to read, download or access JacPLUS.

  

3.        The licence granted for your use of JacPLUS is ongoing; however Wiley may terminate your account if there are no active digital resources being accessed through JacPLUS, if there has been no account activity for more than twelve months or if Wiley ceases to provide JacPLUS. If your account is terminated any stored personalised settings or information held within JacPLUS will be deleted.

 

4.        If Wiley determines a breach of this Licence Agreement, your licence to use this site may be automatically terminated. If Wiley terminates the licence due to a breach, such termination will be in addition to any other remedies available to Wiley. Upon termination, you agree to delete any part of JacPLUS, which you may have retained in print or electronic form.

 

5.        You acknowledge that all rights (including without limitation, copyrights, patents and trademarks) in JacPLUS (including without limitation the structure, sequence, organisation, flow, logic, source code, object code and all means and forms of operation of JacPLUS) are the sole and exclusive property of Wiley, and/or its licensors.

 

6.        Wiley makes no representations or warranties, express or implied, in respect of JacPLUS, other than that Wiley will use commercially reasonable best efforts to provide continued access to JacPLUS for the period of this Licence Agreement. To the extent allowable by law, Wiley provides the access ‘as is’ and does not provide any other warranties or guarantees, express or implied, as to any availability, fitness for purpose, merchantability or title of JacPLUS or of any third party software which may be required to access JacPLUS. Access to JacPLUS may be intermittently unavailable due to repair and maintenance, and other events out of Wiley's control. Where Australian legislation, including but not limited to the Competition and Consumer Act (Cth), implies any condition or warranty on the supply of JacPLUS, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of or liability under such condition or warranty, the condition or warranty shall be deemed to be included in this Agreement.

 

7.        You acknowledge that third party software may be required or recommended to access or use a particular feature of JacPLUS. Wiley may provide links to third party sites where such software may be downloaded; however Wiley provides no warranties or assurances as to the safety, suitability or any other aspect of any such third party websites or software. You acknowledge that you will be solely responsible for any damage or loss of data that may result from accessing any third party website linked from this website or downloading or using any third party software or files to your own computer from any third party links and that you do all such actions at your own risk.

  

8.        To the extent allowable by law, Wiley or its licensors will not be liable to you for any damages, including without limitation lost opportunity, lost profits, lost savings, or other incidental or consequential damages arising out of the use or inability to use JacPLUS, any third party software or any damage caused to you or your property by utilising JacPLUS and the liability of Wiley for any breach of any non-excluded condition or warranty shall be limited, at the option of Wiley, to the replacement of JacPLUS, the supply of an equivalent product or service, or to the costs paid by you for JacPLUS.

 

9.        You warrant that you will not use JacPLUS otherwise than in accordance with the terms of this Licence Agreement.

 

10.      If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. 

 

11.      The construction, validity and performance of these terms and conditions and the Summary are governed in all respects by the law of Victoria and the parties unconditionally submit to the jurisdiction of the courts of Victoria.

 

12.      These terms and conditions are subject to change from time to time at the sole discretion of Wiley. Wiley will give notice of its intention to vary the terms of the Agreement to all users. If it does so, your continued use of JacPLUS will be deemed acceptance of these revised terms. Otherwise, these terms may be also amended by agreement in writing between Wiley and yourself or with your School if they have provided you with access.

 

13.      Wiley may make changes to JacPLUS, and you agree that Wiley may, from time to time, notify you regarding updates, additions or amendments to JacPLUS and any associated services. Personal information received in relation to this Licence Agreement will be treated by Wiley in accordance with Wiley’s Privacy Policy

myWorld Atlas Licence Agreement

MyWorld Atlas Student Licence Agreement

This Licence Agreement sets out the terms and conditions under which John Wiley & Sons Australia, Ltd of 42 McDougall St, Milton, QLD 4064, Australia ('Wiley') grants the user ('You') the rights to use the MyWorld Atlas online product (an electronic and interactive version of the Jacaranda Atlas 7th Edition, and supporting multimedia resources) ('MyWorld Atlas') purchased with either the Jacaranda Atlas 7th Edition book ('Book') or separately.

This Licence Agreement is meant for persons who are over the age of 12. If you are 12 or older, but under 18, you should review this Agreement with a parent or guardian - or if your School has provided you with access, your teacher - to ensure you understand all the terms.

1. Licensed Rights

Wiley grants You the non-exclusive licence to access, read and use MyWorld Atlas on the following terms and conditions. This licence is non-transferable, except in the case of second hand book sales, where a limited licence is transferable, as defined below in clause 5.

MyWorld Atlas is accessed via your JacPLUS profile and is available in two versions; a 'lite' version is provided free of charge to all users who purchase a copy of the Book, and a 'full' version which is available for purchase as a one-year subscription.

2. Conditions of Use

Wiley has or will provide You access to myWorld Atlas with a unique access code (‘Access Code').  The Access Code will be kept confidential by You and registered to your individual email address for the term of your licence as set out in clause 3 below. Where You are a parent or guardian entering into this Licence Agreement on behalf of a child, You may solely grant that one child access provided that they comply with the terms and conditions of this Licence Agreement.

You agree to comply with the following:

  1. You will use MyWorld Atlas for your personal use only, in the course of research or study or as part of the preparation and execution of class lessons by a registered teacher.
    Personal use means any reasonable use for your own learning and education. You may:
    • View, use and participate in the MyWorld Atlas online through Wiley's website,
    • Add comments, upload images (if You own them) and answer questions with answers reviewable by your teacher.
  2. Under the terms of this licence and in order to maintain the security of the digital resources of MyWorld Atlas, You agree You will not:
    • Copy, paste, share, distribute, download or communicate MyWorld Atlas or parts thereof;
    • adapt MyWorld Atlas or any parts thereof, except within your personalised section of MyWorld Atlas;
    • use or attempt to use MyWorld Atlas on more than one computer at any one time;
    • share or allow anyone else to use your Access Code when You are not using it;
    • make any MyWorld Atlas content provided by Wiley available on public internet sites or in any way allow anyone without authorised access to read, download or access MyWorld Atlas;
    • use MyWorld Atlas to upload images or text that is not owned by You, or for which You do not have express permission, make available material that is not age appropriate for school students, participate in bullying or other antisocial behaviour, or upload any material that infringes the rights of others.
  3. You acknowledge that copyright in the MyWorld Atlas compilation and any written material You may contribute, vests in Wiley. The copyright in any images You contribute to MyWorld Atlas remain with You, but You grant Wiley a non-exclusive perpetual license to use the Images in all forms, editions and languages connected with MyWorld Atlas throughout the World.
  4. You will not attempt to circumvent Wiley's digital protection measures surrounding MyWorld Atlas, make or distribute unauthorised copies of MyWorld Atlas, or use, copy, modify, or transfer MyWorld Atlas, in whole or in part, except as expressly permitted by this Agreement.

4. Term and Termination

The licence granted for your use of myWorld Atlas is valid for the Term, as defined below. The Term commences on the date on which You indicate your acceptance to these terms and conditions ("Acceptance Date").

The ‘Term' is defined as:

  1. ‘Lite Version': Where the Access Code to myWorld Atlas is contained inside the printed Book - where You are the first owner of this Book, for a period beginning on the Access Date and ending no earlier than 3 months from the date in which Wiley ceases all sales of this edition of the Book, as determined by Wiley; or
  2. ‘Full Version': Where myWorld Atlas and/or the Access Code is purchased separately - for 548 days (approximately 18 months) from the Acceptance Date.

Notwithstanding the above, Wiley may grant You access to MyWorld Atlas for an initial trial period, in which case the Term runs for a period of 14 days or otherwise at the sole discretion of Wiley. If You choose to convert your trial period into an ongoing licence, by payment of a licence fee or as otherwise determined by Wiley, the continued use of MyWorld Atlas will be governed by these terms and conditions.

5. Second Hand sales of the Book

If You have purchased a copy of the printed Book in association with myWorldAtlas, You may sell the Book to a new user along with the Access Code contained in the Book, however the new user will only be granted ‘lite' access to myWorldAtlas, even where You may have upgraded your own personal registration to ‘full' access. The new user will be required to pay an additional amount to upgrade to the ‘full' version of myWorldAtlas. The new user thereby becomes the sole user of that Access Code and will be subject to a new Licence Agreement on registration. You will no longer be able to access MyWorld Atlas with that Access Code once transferred.

6. Termination

  1. At the expiration of the Term, this Licence Agreement will be automatically terminated.
  2. If Wiley determines a breach of this Licence Agreement, your licence and Access Code are automatically terminated. If Wiley terminates the licence due to a breach, such termination will be in addition to and not in lieu of any equitable, civil, or other remedies available to Wiley.
  3. Upon termination, You agree to delete any saved material from MyWorld Atlas You may have retained in personal files separate from the online version of MyWorld Atlas.
  4. Wiley agrees to store your MyWorld Atlas profile (including your results and any content You have added to the system) for no less than 12 months from expiry of your Access code. If You choose to re-register with a new Access Code via the same JacPLUS profile within 12 months, Your MyWorld Atlas profile and stored material will be available to You.

7. Wiley's Rights

You acknowledge that all rights (including without limitation, copyrights, patents and trademarks) in MyWorld Atlas (including without limitation the structure, sequence, organisation, flow, logic, source code, object code and all means and forms of operation of MyWorld Atlas) are the sole and exclusive property of Wiley, and/or its licensors. By accepting this Licence Agreement You do not become the owner of MyWorld Atlas, but You do have the right to use it in accordance with the provisions of this Agreement. You agree to protect MyWorld Atlas from unauthorised use, reproduction or distribution. You further agree not to decompile, disassemble or otherwise reverse engineer the underlying source code of MyWorld Atlas.

You may use MyWorld Atlas to create your own content for your personal use only in the course of study and research and, in the case of third party material, in accordance with the fair use provisions of the Copyright Act 1968 (Cth). Nothing in this Agreement allows You to on-license MyWorld Atlas or any part thereof, or to communicate MyWorld Atlas to the public.

8. Warranty and Indemnity

  1. Wiley makes no representations or warranties, express or implied, in respect of MyWorld Atlas, other than that Wiley will use commercially reasonable best efforts to provide continued access to MyWorld Atlas for the length of the Term. To the extent allowable by law, Wiley provides the access ‘as is' and does not provide any other warranties or guarantees, express or implied, as to any availability, fitness for purpose, merchantability or title. Access to MyWorld Atlas may be intermittently unavailable due to repair and maintenance, and other events out of Wiley's control. Notwithstanding the foregoing, where Australian legislation, including but not limited to the Competition and Consumer Act (Cth), implies any condition or warranty on the supply of MyWorld Atlas, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of or liability under such condition or warranty, the condition or warranty shall be deemed to be included in this Agreement.
  2. To the extent allowable by law, Wiley or its licensors will not be liable to You for any damages, including without limitation lost opportunity, lost profits, lost savings, or other incidental or consequential damages arising out of the use or inability to use MyWorld Atlas or any damage caused to You or Your property by utilising MyWorld Atlas and the liability of Wiley for any breach of any non-excluded condition or warranty shall be limited, at the option of Wiley, to the replacement of MyWorld Atlas, the supply of an equivalent product or service, or to the costs paid by You for MyWorld Atlas and its associated products.
  3. The user generated comments and images available on MyWorld Atlas are not monitored, controlled or authorised by Wiley, and although Wiley will endeavour to ensure material is non-infringing and age appropriate, it accepts no liability or responsibility for the user generated content added to the MyWorld Atlas or any breach of this user agreement by third parties.
  4. You warrant that You will not use MyWorld Atlas otherwise than in accordance with the terms of this Licence Agreement. If Wiley deems it necessary, Wiley may pursue injunctive relief to protect its copyright in MyWorld Atlas, as well as pursuing any other remedies available at law.
  5. In regard to any material (including text, images or audio visual material) You contribute or upload to MyWorld Atlas: You represent and warrant that You have the right to enter into this agreement; can contribute, upload or communicate the material, can convey all rights for use within or associated with MyWorld Atlas to the Publisher; the material contains no libellous or unlawful material or instructions that may cause harm or injury; it does not infringe upon or violate any copyright, trademark, trade secret or other right or the privacy of others; and statements in the material asserted as fact are true. You will hold Wiley harmless against all liability, including expenses and reasonable legal fees, from any claim that if sustained would constitute a breach of the foregoing warranties. The provisions of this paragraph will survive termination of this Agreement.

9. Interpretation and Procedural

  1. The headings in this Agreement shall not affect its interpretation and are for convenience only.
  2. This Agreement embodies the entire understanding and agreement between the parties as to its subject matter of this Agreement.
  3. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.  
  4. If a dispute arises in relation to this Agreement, the parties shall use all reasonable endeavours to resolve it amicably and expeditiously.

10. Jurisdiction

This Agreement will be construed and interpreted according to the laws of the State of Queensland in Australia; any legal action will be instituted in a court of competent jurisdiction in Brisbane; and each party consents and submits to the personal jurisdiction of such court, waives any objection to venue of such court, and consents to service of process by registered or certified mail, return receipt requested, at such party's last known address.

11. Changes and Notification

These terms and conditions are subject to change from time to time at the sole discretion of Wiley. Wiley will display a notice of any such changes on your home page, and continued use of MyWorld Atlas will be deemed to be acceptance of any new terms and conditions.

You agree that Wiley may, from time to time, notify You regarding updates, additions or amendments to MyWorld Atlas and any associated services. Personal information received in relation to this Licence Agreement will be treated by Wiley in accordance with Wiley's privacy policy.

Knowledge Quest: English 1 online game

Knowledge Quest Licence Agreement

 

This Licence Agreement (as set out in the summary and in the full terms) sets out the terms and conditions under which John Wiley & Sons Australia Ltd of 42 McDougall Street, Milton, QLD 4064, Australia or its licensees (“Wiley”) grants the user (“you”) a licence to access the version of the Knowledge Quest game selected by you to purchase (being either Knowledge Quest English 1, Knowledge Quest English 2 or the teacher editions for both Knowledge Quest English 1 or 2) and supporting resources, (“Knowledge Quest”).

 

This Licence Agreement is intended for persons 18 years or older. If you are under 18, you should review this Licence Agreement with a parent or guardian to ensure that you and your parent or guardian understand and consent to all the terms.

 

SUMMARY

 

How can Knowledge Quest be used?

 

You may use Knowledge Quest in the following manner for your educational and/or teaching use:

·    View and interact with Knowledge Quest using your personal log-in on your personal computers or devices;

·    Use reasonable excerpts of information from Knowledge Quest in assignments and projects with appropriate credit to Knowledge Quest;

·    If you are a teacher:

o      Make digital copies, photocopies and print-outs of Knowledge Quest and associated digital documents for use in class and use reasonable excerpts in worksheets and teaching materials, provided that all students in the class have legitimate access to Knowledge Quest and with appropriate attribution;

o      Display Knowledge Quest on an interactive whiteboard provided that all students in the class have legitimate access to Knowledge Quest;

o     Use as otherwise separately agreed in writing between your School or Institution and Wiley.

 

 

 

How Knowledge Quest CANNOT be Used:

 

 

For clarity, except as provided above, this licence does not authorise users to:

·     Make and distribute printed copies or digital copies of any part of Knowledge Quest to any person who has not  purchased access to Knowledge Quest;

·     Modify Knowledge Quest;

·     Copy or upload Knowledge Quest or any part of Knowledge Quest onto any computer network (including any Learning Management System or portal site), the internet or circumvent any digital protection measures;

·     Copy Knowledge Quest into a different format than that provided, other than where expressly permitted as part of Knowledge Quest;

·     Use Knowledge Quest on more than one computer or device at a time with the same user log-in;

·     Share a personal log-in and password with any other person;

·     Use Knowledge Quest or parts of Knowledge Quest in any presentation outside of your school without the permission of Wiley; and

·     Authorise users to incorporate parts of Knowledge Quest into other presentations or onto other devices for distribution.

 

At the end of the Licence Term:

 

You agree to delete any saved material from Knowledge Quest you may have retained separately from the online version of Knowledge Quest when your access to Knowledge Quest expires or is otherwise terminated.

 

TERMS AND CONDITIONS

 

 1.      Access to Knowledge Quest is governed by these Terms and Conditions and the terms set out in the Summary as set out above.

 

2.     Wiley grants you a non-exclusive licence to access, interact with and use Knowledge Quest for duration of this Licence Agreement. Where you are a parent or guardian entering into this Licence Agreement on behalf of a child, you may solely grant that one child access to Knowledge Quest on the terms of this Licence Agreement.

 

3.     This licence is non-transferable.

 

4.     You agree to use Knowledge Quest only as set out in the green box in the Summary. You agree not to use Knowledge Quest in any manner set out in the red box in the Summary. You agree to keep any access code confidential.

 

5.     The licence granted for your use of Knowledge Quest is valid for the Term, as defined in clause 6 below. The Term commences on the date on which you indicate your acceptance to these terms and conditions (“Acceptance Date”).

  

6.     The ‘Term' is defined as:
i. ‘Individual Version’: Where Knowledge Quest and/or the Access Code is purchased separately - for 487
    days (approximately 16 months) from the Acceptance Date.
ii. Where Knowledge Quest has been purchased or provided through your School or Institution: where your  
    School or Institution has provided you with access, then the Term shall be in accordance with your School
    or Institution’s agreement with Wiley, which is usually for the duration of a school year.

 

7.     Wiley may grant you access to Knowledge Quest for an initial trial period, in which case the Term runs for a period of 7 days or otherwise at the sole discretion of Wiley. If you choose to convert your trial period into an ongoing licence, by payment of a licence fee or as otherwise determined by Wiley, the continued use of Knowledge Quest will be governed by these terms and conditions.

 

8.     In the event that Wiley continues to provide online access to Knowledge Quest following the expiry of the Term or any termination, the continued use of Knowledge Quest will be governed by these terms and conditions and access can be terminated at any time in Wiley’s discretion.

 

9.     At the expiration of the Term, this Licence Agreement will be automatically terminated. If Wiley determines a breach of this Licence Agreement, your licence and Access Code are automatically terminated. If Wiley terminates the licence due to a breach, such termination will be in addition to any other remedies available to Wiley.

 

 

10.   You acknowledge that all rights (including without limitation, copyrights, patents and trademarks) in Knowledge Quest (including without limitation the structure, sequence, organisation, flow, logic, source code, object code and all means and forms of operation of Knowledge Quest) are the sole and exclusive property of Wiley, and/or its licensors.

 

11.   Wiley makes no representations or warranties, express or implied, in respect of Knowledge Quest, other than that Wiley will use commercially reasonable best efforts to provide continued access to Knowledge Quest for the length of the Term. To the extent allowable by law, Wiley provides the access ‘as is’ and does not provide any other warranties or guarantees, express or implied, as to any availability, fitness for purpose, merchantability or title of Knowledge Quest or of any third party software which may be required to access Knowledge Quest. Access to Knowledge Quest may be intermittently unavailable due to repair and maintenance, and other events out of Wiley's control. Where Australian legislation, including but not limited to the Competition and Consumer Act (Cth), implies any condition or warranty on the supply of Knowledge Quest, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of or liability under such condition or warranty, the condition or warranty shall be deemed to be included in this Agreement.

 

12.   You acknowledge that third party software may be required or recommended to access or use a particular feature of Knowledge Quest. Wiley may provide links to third party sites where such software may be downloaded; however Wiley provides no warranties or assurances as to the safety, suitability or any other aspect of any such third party websites or software. You acknowledge that you will be solely responsible for any damage or loss of data that may result from accessing any third party website linked from this website or downloading or using any third party software or files to your own computer from any third party links and that you do all such actions at your own risk.

 

13.   To the extent allowable by law, Wiley or its licensors will not be liable to you for any damages, including without limitation lost opportunity, lost profits, lost savings, or other incidental or consequential damages arising out of the use or inability to use Knowledge Quest, any third party software or any damage caused to you or your property by utilising Knowledge Quest and the liability of Wiley for any breach of any non-excluded condition or warranty shall be limited, at the option of Wiley, to the replacement of Knowledge Quest, the supply of an equivalent product or service, or to the costs paid by you for Knowledge Quest.

 

14.   You warrant that you will not use Knowledge Quest otherwise than in accordance with the terms of this Licence Agreement.

 

15.   If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

 

16.   The construction, validity and performance of these terms and conditions and the Summary are governed in all respects by the law of Victoria and the parties unconditionally submit to the jurisdiction of the courts of Victoria.

 

17.   These terms and conditions are subject to change from time to time at the sole discretion of Wiley. Wiley will give notice of its intention to vary the terms of the Agreement to all users. If it does so, your continued use of Knowledge Quest will be deemed acceptance of these revised terms. Otherwise, these terms may be also amended by agreement in writing between Wiley and yourself or with your School if they have provided you with access.

 

18.   Wiley may make changes to Knowledge Quest, and you agree that Wiley may, from time to time, notify you regarding updates, additions or amendments to Knowledge Quest and any associated services. You agree that Wiley will be able to display your first name, your school and your score on the Knowledge QuestLeaderboard, which may be visible to all other users of Knowledge Quest. If you do not wish to have your details displayed in this manner, you can choose to remain anonymous by submitting a request by email to kqgame@wiley.com.

  

19.   Other than as expressly set out in this Agreement, all personal information received in relation to this Licence Agreement will be treated by Wiley in accordance with Wiley’s Privacy Policy

 

Knowledge Quest: English 2 online game

Knowledge Quest Licence Agreement

 

This Licence Agreement (as set out in the summary and in the full terms) sets out the terms and conditions under which John Wiley & Sons Australia Ltd of 42 McDougall Street, Milton, QLD 4064, Australia or its licensees (“Wiley”) grants the user (“you”) a licence to access the version of the Knowledge Quest game selected by you to purchase (being either Knowledge Quest English 1, Knowledge Quest English 2 or the teacher editions for both Knowledge Quest English 1 or 2) and supporting resources, (“Knowledge Quest”).

 

This Licence Agreement is intended for persons 18 years or older. If you are under 18, you should review this Licence Agreement with a parent or guardian to ensure that you and your parent or guardian understand and consent to all the terms.

 

SUMMARY

 

How can Knowledge Quest be used?

 

You may use Knowledge Quest in the following manner for your educational and/or teaching use:

·    View and interact with Knowledge Quest using your personal log-in on your personal computers or devices;

·    Use reasonable excerpts of information from Knowledge Quest in assignments and projects with appropriate credit to Knowledge Quest;

·    If you are a teacher:

o      Make digital copies, photocopies and print-outs of Knowledge Quest and associated digital documents for use in class and use reasonable excerpts in worksheets and teaching materials, provided that all students in the class have legitimate access to Knowledge Quest and with appropriate attribution;

o      Display Knowledge Quest on an interactive whiteboard provided that all students in the class have legitimate access to Knowledge Quest;

o     Use as otherwise separately agreed in writing between your School or Institution and Wiley.

 

 

 

How Knowledge Quest CANNOT be Used:

 

 

For clarity, except as provided above, this licence does not authorise users to:

·     Make and distribute printed copies or digital copies of any part of Knowledge Quest to any person who has not  purchased access to Knowledge Quest;

·     Modify Knowledge Quest;

·     Copy or upload Knowledge Quest or any part of Knowledge Quest onto any computer network (including any Learning Management System or portal site), the internet or circumvent any digital protection measures;

·     Copy Knowledge Quest into a different format than that provided, other than where expressly permitted as part of Knowledge Quest;

·     Use Knowledge Quest on more than one computer or device at a time with the same user log-in;

·     Share a personal log-in and password with any other person;

·     Use Knowledge Quest or parts of Knowledge Quest in any presentation outside of your school without the permission of Wiley; and

·     Authorise users to incorporate parts of Knowledge Quest into other presentations or onto other devices for distribution.

 

At the end of the Licence Term:

 

You agree to delete any saved material from Knowledge Quest you may have retained separately from the online version of Knowledge Quest when your access to Knowledge Quest expires or is otherwise terminated.

 

TERMS AND CONDITIONS

 

 1.      Access to Knowledge Quest is governed by these Terms and Conditions and the terms set out in the Summary as set out above.

 

2.     Wiley grants you a non-exclusive licence to access, interact with and use Knowledge Quest for duration of this Licence Agreement. Where you are a parent or guardian entering into this Licence Agreement on behalf of a child, you may solely grant that one child access to Knowledge Quest on the terms of this Licence Agreement.

 

3.     This licence is non-transferable.

 

4.     You agree to use Knowledge Quest only as set out in the green box in the Summary. You agree not to use Knowledge Quest in any manner set out in the red box in the Summary. You agree to keep any access code confidential.

 

5.     The licence granted for your use of Knowledge Quest is valid for the Term, as defined in clause 6 below. The Term commences on the date on which you indicate your acceptance to these terms and conditions (“Acceptance Date”).

  

6.     The ‘Term' is defined as:
i. ‘Individual Version’: Where Knowledge Quest and/or the Access Code is purchased separately - for 487
    days (approximately 16 months) from the Acceptance Date.
ii. Where Knowledge Quest has been purchased or provided through your School or Institution: where your  
    School or Institution has provided you with access, then the Term shall be in accordance with your School
    or Institution’s agreement with Wiley, which is usually for the duration of a school year.

 

7.     Wiley may grant you access to Knowledge Quest for an initial trial period, in which case the Term runs for a period of 7 days or otherwise at the sole discretion of Wiley. If you choose to convert your trial period into an ongoing licence, by payment of a licence fee or as otherwise determined by Wiley, the continued use of Knowledge Quest will be governed by these terms and conditions.

 

8.     In the event that Wiley continues to provide online access to Knowledge Quest following the expiry of the Term or any termination, the continued use of Knowledge Quest will be governed by these terms and conditions and access can be terminated at any time in Wiley’s discretion.

 

9.     At the expiration of the Term, this Licence Agreement will be automatically terminated. If Wiley determines a breach of this Licence Agreement, your licence and Access Code are automatically terminated. If Wiley terminates the licence due to a breach, such termination will be in addition to any other remedies available to Wiley.

 

 

10.   You acknowledge that all rights (including without limitation, copyrights, patents and trademarks) in Knowledge Quest (including without limitation the structure, sequence, organisation, flow, logic, source code, object code and all means and forms of operation of Knowledge Quest) are the sole and exclusive property of Wiley, and/or its licensors.

 

11.   Wiley makes no representations or warranties, express or implied, in respect of Knowledge Quest, other than that Wiley will use commercially reasonable best efforts to provide continued access to Knowledge Quest for the length of the Term. To the extent allowable by law, Wiley provides the access ‘as is’ and does not provide any other warranties or guarantees, express or implied, as to any availability, fitness for purpose, merchantability or title of Knowledge Quest or of any third party software which may be required to access Knowledge Quest. Access to Knowledge Quest may be intermittently unavailable due to repair and maintenance, and other events out of Wiley's control. Where Australian legislation, including but not limited to the Competition and Consumer Act (Cth), implies any condition or warranty on the supply of Knowledge Quest, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of or liability under such condition or warranty, the condition or warranty shall be deemed to be included in this Agreement.

 

12.   You acknowledge that third party software may be required or recommended to access or use a particular feature of Knowledge Quest. Wiley may provide links to third party sites where such software may be downloaded; however Wiley provides no warranties or assurances as to the safety, suitability or any other aspect of any such third party websites or software. You acknowledge that you will be solely responsible for any damage or loss of data that may result from accessing any third party website linked from this website or downloading or using any third party software or files to your own computer from any third party links and that you do all such actions at your own risk.

 

13.   To the extent allowable by law, Wiley or its licensors will not be liable to you for any damages, including without limitation lost opportunity, lost profits, lost savings, or other incidental or consequential damages arising out of the use or inability to use Knowledge Quest, any third party software or any damage caused to you or your property by utilising Knowledge Quest and the liability of Wiley for any breach of any non-excluded condition or warranty shall be limited, at the option of Wiley, to the replacement of Knowledge Quest, the supply of an equivalent product or service, or to the costs paid by you for Knowledge Quest.

 

14.   You warrant that you will not use Knowledge Quest otherwise than in accordance with the terms of this Licence Agreement.

 

15.   If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

 

16.   The construction, validity and performance of these terms and conditions and the Summary are governed in all respects by the law of Victoria and the parties unconditionally submit to the jurisdiction of the courts of Victoria.

 

17.   These terms and conditions are subject to change from time to time at the sole discretion of Wiley. Wiley will give notice of its intention to vary the terms of the Agreement to all users. If it does so, your continued use of Knowledge Quest will be deemed acceptance of these revised terms. Otherwise, these terms may be also amended by agreement in writing between Wiley and yourself or with your School if they have provided you with access.

 

18.   Wiley may make changes to Knowledge Quest, and you agree that Wiley may, from time to time, notify you regarding updates, additions or amendments to Knowledge Quest and any associated services. You agree that Wiley will be able to display your first name, your school and your score on the Knowledge QuestLeaderboard, which may be visible to all other users of Knowledge Quest. If you do not wish to have your details displayed in this manner, you can choose to remain anonymous by submitting a request by email to kqgame@wiley.com.

  

19.   Other than as expressly set out in this Agreement, all personal information received in relation to this Licence Agreement will be treated by Wiley in accordance with Wiley’s Privacy Policy

 

assessON Licence Agreement

AssessON Licence Agreement

 

This Licence Agreement (as set out in the summary and in the full terms) sets out the terms and conditions under which John Wiley & Sons Australia Ltd of 42 McDougall Street, Milton, QLD 4064, Australia or its licensees (“Wiley”) grants the user (“you”) a licence to access the AssessON online product and supporting resources (including teacher editions of AssessON where this version of the product is selected for purchase), being an online assessment tool (“AssessON”).

 

This Licence Agreement is intended for persons 18 years or older. If you are under 18, you should review this Licence Agreement with a parent or guardian to ensure that you and your parent or guardian understand and consent to all the terms.

 

SUMMARY

 

How can AssessON be used?

 

You may use AssessON in the following manner for your educational and/or teaching use:

·    View and interact with AssessON using your personal log-in on your personal computers or devices;

·    Answer tests and questions set by your teacher and upload answers and materials to AssessON;

·    If you are a teacher:

o    Create and share tests and other assessments with students who have legitimate access to AssessON;

o    Make digital copies, photocopies and print-outs of AssessON for use in class and use reasonable excerpts in worksheets and teaching materials, provided that all students in the class have legitimate access to AssessON and with appropriate attribution (if required);

o    Print reports from AssessON as they appear on the website;

o    Display AssessON on an interactive whiteboard provided that all students in the class have legitimate access to AssessON;

o    Use as otherwise separately agreed in writing between your School and Wiley.

 

How AssessON CANNOT be Used:

 

For clarity, except as provided above (and excluding any User Generated Content uploaded by you which can be separately used and retained), this licence does not authorise users to:

·    Make and distribute printed copies or digital copies of any part of AssessON to any person who has not  purchased access to AssessON;

·    Modify AssessON, except as expressly permitted or allowed in order to set and take assessments;

·    Copy or upload AssessON or any part of AssessON onto any computer network (including any Learning Management System or portal site), the internet or circumvent any digital protection measures;

·    Copy AssessON into a different format than that provided, other than where expressly permitted as part of AssessON;

·    Use AssessON on more than one computer or device at a time with the same user log-in;

·    Share a personal log-in and password with any other person;

·    Use AssessON or parts of AssessON in any presentation outside of your school without the permission of Wiley; and

·    Authorise users to incorporate parts of AssessON into other presentations or onto other devices for distribution.

 

User Generated Content

AssessON allows you to upload content or images to share with other users to both set assessments and take assessments (“User Generated Content”). You agree to only upload User Generated Content to AssessON that is created by you or which you have express permission to use and upload in this manner.

 

You agree not to:
      - Make available material that is not age appropriate for school-aged students;
      - Participate in bullying or other anti-social activities;
      - Upload any material that is offensive or discriminates against others, or infringes
        any rights of others.

 

At the end of the Licence Term:

 

You agree to delete any saved material from AssessON you may have retained separately from the online version of AssessON when your access to AssessON expires or is otherwise terminated.

 

TERMS AND CONDITIONS

 

1.    Access to AssessON is governed by these Terms and Conditions and the terms set out in the Summary as set out above.

 

2.    Wiley grants you a non-exclusive licence to access, read, interact with and use AssessON for duration of this Licence Agreement. Where you are a parent or guardian entering into this Licence Agreement on behalf of a child, you may solely grant that one child access to AssessON on the terms of this Licence Agreement.

 

3.    This licence is non-transferable.

 

4.    You agree to use AssessON only as set out in the green box in the Summary. You agree not to use AssessON in any manner set out in the red box in the Summary. You agree to keep any access code confidential.

 

5.    The licence granted for your use of AssessON is valid for the Term, as defined in clause 6 below. The Term commences on the date on which you indicate your acceptance to these terms and conditions (“Acceptance Date”).

 

6.   The ‘Term' is defined as:

i.    ‘Individual Version’: Where AssessON and/or the Access Code is purchased separately - for 487 days (approximately 16 months) from the Acceptance Date.

ii.   Where AssessON has been purchased or provided through your School or other Institution: where your School or Institution has provided you with access, then the Term shall be in accordance with your School or Institution’s agreement with Wiley, which is usually for the duration of a school year.

 

7.    Wiley may grant you access to AssessON for an initial trial period, in which case the Term runs for a period of 14 days or otherwise at the sole discretion of Wiley. If you choose to convert your trial period into an ongoing licence, by payment of a licence fee or as otherwise determined by Wiley, the continued use of AssessON will be governed by these terms and conditions.

 

8.    In the event that Wiley continues to provide online access to AssessON following the expiry of the Term or any termination, the continued use of AssessON will be governed by these terms and conditions and access can be terminated at any time in Wiley’s discretion.

 

9.    At the expiration of the Term, this Licence Agreement will be automatically terminated. If Wiley determines a breach of this Licence Agreement, your licence and Access Code are automatically terminated. If Wiley terminates the licence due to a breach, such termination will be in addition to any other remedies available to Wiley.

 

10.  You acknowledge that all rights (including without limitation, copyrights, patents and trademarks) in AssessON (including without limitation the structure, sequence, organisation, flow, logic, source code, object code and all means and forms of operation of AssessON) are the sole and exclusive property of Wiley, and/or its licensors.

 11.  The User Generated Content available and uploaded to AssessON is not monitored, controlled or authorised by Wiley, and Wiley accepts no liability or responsibility for User Generated Content or any breach of this user agreement by third parties.

12.  In regard to User Generated Content, you agree to abide by the terms under the heading ‘User Generated Content’ in the Summary. By uploading User Generated Content you grant to Wiley a non-exclusive perpetual, royalty free, worldwide licence to display, reproduce and communicate to the public the User Generated Content as part of AssessON and on Wiley websites or in other Wiley materials, for the necessary operation of AssessON and all Wiley promotional purposes and all other internal backup and operational purposes.

 

13.  Wiley makes no representations or warranties, express or implied, in respect of AssessON, other than that Wiley will use commercially reasonable best efforts to provide continued access to AssessON for the length of the Term. To the extent allowable by law, Wiley provides the access ‘as is’ and does not provide any other warranties or guarantees, express or implied, as to any availability, fitness for purpose, merchantability or title of AssessON or of any third party software which may be required to access AssessON. Access to AssessON may be intermittently unavailable due to repair and maintenance, and other events out of Wiley's control. Where Australian legislation, including but not limited to the Competition and Consumer Act (Cth), implies any condition or warranty on the supply of AssessON, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of or liability under such condition or warranty, the condition or warranty shall be deemed to be included in this Agreement.

 

14.   You acknowledge that third party software may be required or recommended to access or use a particular feature of AssessON. Wiley may provide links to third party sites where such software may be downloaded; however Wiley provides no warranties or assurances as to the safety, suitability or any other aspect of any such third party websites or software. You acknowledge that you will be solely responsible for any damage or loss of data that may result from accessing any third party website linked from this website or downloading or using any third party software or files to your own computer from any third party links and that you do all such actions at your own risk.

 

15.  To the extent allowable by law, Wiley or its licensors will not be liable to you for any damages, including without limitation lost opportunity, lost profits, lost savings, or other incidental or consequential damages arising out of the use or inability to use AssessON, any third party software or any damage caused to you or your property by utilising AssessON and the liability of Wiley for any breach of any non-excluded condition or warranty shall be limited, at the option of Wiley, to the replacement of AssessON, the supply of an equivalent product or service, or to the costs paid by you for AssessON.

 

16.  You warrant that you will not use AssessON otherwise than in accordance with the terms of this Licence Agreement.

 

17.  If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. 

 

18.  The construction, validity and performance of these terms and conditions and the Summary are governed in all respects by the law of Victoria and the parties unconditionally submit to the jurisdiction of the courts of Victoria.

 

19.  These terms and conditions are subject to change from time to time at the sole discretion of Wiley. Wiley will give notice of its intention to vary the terms of the Agreement to all users. If it does so, your continued use of AssessON will be deemed acceptance of these revised terms. Otherwise, these terms may be also amended by agreement in writing between Wiley and yourself or with your School if they have provided you with access.

 

20.  Wiley may make changes to AssessON, and you agree that Wiley may, from time to time, notify you regarding updates, additions or amendments to AssessON and any associated services. You acknowledge that by participating and uploading User Generated Content to AssessON that your full name shall be displayed to other users of AssessON in your school group that you are connected to as part of AssessON. 

21.   Other than as expressly set out in this Agreement, all personal information received in relation to this Licence Agreement will be treated by Wiley in accordance with Wiley’s Privacy Policy

 

Your Tutor Licence Agreement

JACPLUS - YOURTUTOR

SUMMARY & TERMS AND CONDITIONS

 

 

SUMMARY

 

Jacaranda is the authorised reseller for the product ‘YourTutor’ (“ the Product”) which is an online tutoring service provided by Tutoring Australasia and this agreement grants the School a licence to use the YourTutor Product on the terms set out in this Summary and the terms and conditions following the Summary.

 

Who may use the Product?

 

The Product may only be used by the relevant Licensed Students, who are students of the School.

 

How can the Product be used?

 

The Licensed Students of the School may use the Product in the following manner:

·            View and interact with the Product using their personal log-in on computers or devices.

 

How the Products CANNOT be used:

For clarity, except as provided above, this licence does not authorise users to:

·           Use the Product on more than one computer or device at a time with the same user log-in.

·           Share a personal log-in and password with any other person.

 

Please see the full terms and conditions following for definitions and all other terms.

 

 

JACARANDA TERMS & CONDITIONS

1)       Definitions

 

a)     In these terms:

 

“Jacaranda” means John Wiley & Sons Australia, Ltd which is the authorised re-seller of the Products.

 

“Tutoring Australasia” means Tutoring Australasia Pty Ltd which is the owner and licensor of the Product.


“School” means the school which is the purchaser of the Product as specified on the Invoice.


“Product” means the licence(s) for the digital product, YourTutor.


“Duration” means the period of time for which School is granted access to the Product, as specified by the expiry information written on the Invoice.


“Invoice” means the invoice which is overleaf, attached or provided with these conditions.


“Licensed Students” means the students of the School licensed to use the Product as purchased by the School for student use in the quantity as set out on the Invoice;


“Fee” means the total amount as set out on the invoice and inclusive of GST.

2)       Access

 

a)     Jacaranda is an authorised re-seller of the Products and the link to the Product is provided by Jacaranda subject to separate terms and conditions between the School and Tutoring Australasia as set out in the YourTutor terms and conditions attached (“Licence”) for the Duration. Jacaranda is responsible for collecting payments and providing a link through the JacPLUS portal to the YourTutor service and product only. Payment of the Fee to Jacaranda is deemed to be acceptance of these terms and the Licence.

 

b)    The School and all Licensed Students must take their own precautions to ensure that that the process used for accessing the Products on Jacaranda’s or Tutoring Australasia’s website does not expose the User or the School to the risk of viruses, trojan horses or other malicious computer code that may damage the system or data. No responsibility is accepted by Jacaranda or Tutoring Australasia for any loss or damage caused by the School’s or any Licensed Student’s or any other person’s access to the Products.

 

3)       Delivery

 

a)     The School shall deliver all names and email addresses of Licensed Students for the Product to Jacaranda in an agreed format.

 

b)    Jacaranda shall:

 

i)      Set up JacPLUS accounts for each Licensed Student;

ii)     Add the relevant Product link to each Licensed Student account;

iii)    Provide initial passwords for each Licensed Student to the School for distribution.

 

4)     Transfers and Additional Licensed Students

 

a)     In the event that the School wants to cease, grant or transfer access to any person (for example, due to the cessation of the Licensed Student’s enrolment in the Duration of this Licence), the School shall inform the Account Manager of Jacaranda assigned to the School and Jacaranda shall grant, cease or transfer access for that nominated person for no additional fee, provided that the total number of Licensed Students for the School do not total more than the number of Licensed Students as licensed under this Licence.

 

b)    In the event that the School wishes to add additional Licensed Students or Licensed Staff, in greater numbers than purchased under this Agreement, the School shall contact the Account Manager of Jacaranda assigned to the School and Jacaranda shall grant access to the additional Licensed Student member on payment of an additional Fee.

 

5)       Privacy and Data Collection

 

a)     Personal information received by Jacaranda shall be treated in accordance with Jacaranda’s privacy policy http://www.jacplus.com.au/jsp/general-nav/copyright/privacy_policy.jsp. For the avoidance of doubt, Jacaranda does not disclose any personal information about any Licensed Student to any third party, other than as necessary for providing the services and always subject to the same privacy obligations as Jacaranda. Jacaranda does not sell Licensed Student personal information under any circumstances.

 

6)       Payment Terms

 

a)     Unless otherwise agreed in writing, payment of Fees must be made within 90 days of the date of the Invoice. All Fees are non-refundable.

 

b)    In the event that the School does not pay any amount due within 30 days of the due date for payment, Jacaranda shall have the right to restrict all user access to the Products until such payment is made.

7)       Termination

a)     Jacaranda may terminate access to the Product in whole or in part on 14 days’ notice if any of these terms are breached. In addition, the School acknowledges that Tutoring Australasia may terminate or suspend access if its Licence terms are breached.

b)    In the event that Jacaranda continues to provide online access to the Products following the expiry of the Duration or termination of these terms or the Licence, the School acknowledges that any continued access remains on the same terms and conditions and that Jacaranda may cease this continued access at any time.

 

8)       Limitation of liability

 

a)     Jacaranda disclaims all responsibility for the accuracy or performance of the Product and solely provides the School’s Licensed Students with access to the Product which is hosted and maintained by Tutoring Australasia. To the maximum extent permitted by law, all express or implied terms, conditions, warranties, statements, assurances and representations in relation to the Product or arising from the Summary or these terms and conditions are expressly excluded. If any of the exclusions or limitations set out in this clause are declared illegal or void or if there has been a breach of a term, condition, warranty, statement or assurance which cannot be excluded by law, then, to the extent permitted by law, our entire liability and your exclusive remedy is limited to, at our discretion, the replacement of the Product or the supply of an equivalent Product.

b)    In no event will Jacaranda, including its agents, licensors, employees or contractors, be liable for any direct, indirect or consequential loss (even if Jacaranda is or was aware of the possibility of such loss or if such loss was otherwise foreseeable), including, but not limited to, loss of profits, production, data, opportunity or goodwill; or business interruption, however caused and on any theory of liability, including without limitation, contract or tort (including negligence or otherwise) arising during and/or as a result of any performance or non-performance of the Product or of Jacaranda.

c)     To the maximum extent permitted by law, Jacaranda’s maximum cumulative liability under these terms and conditions shall not exceed an amount greater than the amount the School paid for the relevant Product.

 

9)       General

 

a)     If any provision of this licence is held to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of this licence, and the remainder of this licence shall continue in full force and effect.

b)    If Jacaranda waives its rights on any given occasion, this does not mean that there has been a waiver of Jacaranda’s rights in future.

c)     This Licence and any properly executed amendments constitute the entire agreement between the parties and supersedes all other prior written or oral agreements and negotiations between the parties regarding this transaction.

 

10)  Choice of law and jurisdiction

 

The construction, validity and performance of these terms and conditions and the Summary are governed in all respects by the law of Victoria and the parties unconditionally submit to the jurisdiction of the courts of Victoria.

 

 

YOURTUTOR TERMS & CONDITIONS

1)       Definitions

 

a)     In these terms:

 

“Jacaranda” means John Wiley & Sons Australia, Ltd which is the authorised re-seller of the Products.

 

“Tutoring Australasia” or “TA” means Tutoring Australasia Pty Ltd which is the owner and licensor of the Product.


“School” means the school which is the purchaser of the Product as specified on the Invoice.

 

“Product” or “Service” means the licence(s) for the digital product, yourtutor.


“Duration” means the period of time for which School is granted access to the Product, as specified by the expiry information written on the Invoice.


 “Licensed Students” or “Users” mean the students of the School licensed to use the Product as purchased by the School for student use in the quantity as set out on the Invoice.

 

      2) Licence

      a.   Grant. TA hereby grants to the School a non-exclusive non-transferable, limited licence to use the Services during the Duration, subject to the terms and conditions set forth in this Agreement. TA hereby grants to the School the right to permit Users to use the Services in accordance with the terms of the School’s permitted use under this Agreement.

      b.   Limitation to Grant.  Except as set forth herein or in any attachment to this Agreement, the School shall not use the Services in any manner to provide web-based communication Services to any third party, nor shall the School sublicence, transfer or distribute the Services, or any portion thereof, to any third party.  The School acknowledges that no source code or technical level documentation, which is provided by TA in connection with the Services, is licenced under this Agreement.

c. Reservation of Rights. TA reserves all other rights to the Services, including without limitation the right to access and modify the Services for training, maintenance, upgrades, and security purposes.

 

3.            Proprietary Rights

a.   TA Property.  All aspects of the Services, in whole or in part, including but not limited to the look and feel of the TA template pages, and all intellectual property and/or proprietary rights therein, including without limitation, copyright, moral rights, patent rights (including patent applications and disclosures), trademarks, rights of priority, publicity rights, and trade secret rights, recognized in any country or jurisdiction in the world, are the sole and exclusive property of TA (the “TA Property”).  The TA Property shall include all changes and addition to the Services and all derivatives works thereof. 

b.   Proprietary Notices.  The School shall not delete or in any manner alter the copyright, trademark, or other proprietary notices of TA, if any, appearing on the Services as delivered to the School.  The School shall reproduce such notices on all copies it makes of the Services.

c.   Obligation to Parties. The School shall use commercially reasonable efforts to protect the TA Property and all of TA’s rights therein and to cooperate in TA’s efforts to protect its proprietary rights.  The School promptly shall notify TA of any known or suspected breach of TA proprietary rights to the Services that may come to the attention of the School.  The School acknowledges and agrees that this Agreement in no way shall be construed to provide to the School, or any other person or entity, any express or implied licence to use, copy, reverse engineer, or otherwise exploit the TA Property or Services or any portion thereof (including any intellectual property embodied therein) other than as specifically set forth in this Agreement.

 

4)       Service Access and Availability

 

Schools and Licensed Students will be able to use yourtutor to assist them with their VCE mathematics revision, home study, and learning support, as and when they need assistance, from 3pm to 10pm, Sundays through Fridays, during term and school holidays. yourtutor is online approximately 48 weeks per year, with a break over the school summer holiday period.

 

The School acknowledges that yourtutor is a human service that connects students to trained, experts for live, one-to-one tuition support, and, while we make best efforts to connect students quickly and reliably, there may be times during unusually high demand when students wait for extended periods of time. Tutors are instructed to ensure all students are given a "fair go" and no students are allowed to monopolise the tutors' time.

 

Nothing in this License constitutes a guarantee by Tutoring Australasia that it will serve every Licenced Student’s request for access to the Product on any given day.

 


5)     Usage of the Product

 
Each Jacplus/yourtutor account is established for the exclusive, individual use of a single student, and the authentication credentials associated with that account must be kept confidential.

     Any Jacplus/yourtutor Licensed Student account that appears to have been compromised or is being used in a manner Tutoring Australasia determines to be excessive may be restricted at the discretion of Tutoring Australasia.

     Any Jacplus/yourtutor Licensed Student account that exhibits inappropriate communication of any type may be restricted at the discretion of Tutoring Australasia.

     Any School that Tutoring Australasia determines may have provided access to the online learning service to more students, or to students other than those who have purchased subscriptions, may have their access restricted or otherwise limited.


6)
     Privacy and Data Collection

 

a)       Personal information received by Tutoring Australasia shall be treated in accordance with Jacaranda’s privacy policy with all references to Jacaranda or Wiley applying equally to Tutoring Australasia:

http://www.jacplus.com.au/jsp/general-nav/copyright/privacy_policy.jsp. For the avoidance of doubt, Tutoring Australasia does not disclose any personal information about any Licensed Student to any third party, other than as necessary for providing the services and always subject to the same privacy obligations as Tutoring Australasia. Tutoring Australasia does not sell Licensed Student personal information under any circumstances.

b) TA reserves the right, in accordance with applicable law, to disclose aggregate usage,  and other information relating to usage by the School and its Users of the services for the purpose of (i) improving the product (ii) informing the School of its use of the Services to improve adoption of the Services within the School; and/or (iii) demonstrating usage of the Services to other Schools (potential clients) and TA investors.  The School hereby grants TA the right to use quotes from faculty and staff regarding the Services for the limited purpose of marketing and public relations.  However, other than TA’s right to refer to School as a customer of TA, which is hereby permitted, TA shall not publish any press releases regarding the School’s use of the Services or quotes from the School faculty or staff without obtaining the prior written consent of the School.

 

7)   Confidentiality. 

 

Each party shall retain in strict confidence the confidential information of the other party.  The School hereby acknowledges that the TA Property is Confidential Information of TA.  Confidential Information also includes, without limitation, trade secrets, TA Property documentation, specifications, designs, development plans, business plans, sales projections, business records, prices and customer lists.  .  The obligations of confidentiality set forth in this Section 7 shall survive termination.  In the event of any breach of the provisions of this Section 7, the School agrees that TA would suffer irreparable harm and shall therefore be entitled to obtain injunctive relief against the School in addition to any other rights and remedies available to TA at law or in equity, or otherwise.

 

 

8)         Termination

a)       Tutoring Australasia may terminate or suspend access to the Product in whole or in part on 14 days’ notice if any of these terms are breached and can terminate the service immediately if the breach is considered sufficiently serious.

b)      In the event that Tutoring Australasia continues to provide online access to the Products following the expiry of the Duration or termination of these terms or the Licence, the School acknowledges that any continued access remains on the same terms and conditions and that Tutoring Australasia may cease this continued access at any time.

9)       Limitation of liability

a)   Although efforts are made by Tutoring Australasia to ensure its tutors maintain accurate and up to date information, Tutoring Australasia does not warrant that the information provided by its tutors is accurate, adequate or complete. To the maximum extent permitted by law, all express or implied terms, conditions, warranties, statements, assurances and representations in relation to the Product or arising from the Summary or these terms and conditions are expressly excluded. If any of the exclusions or limitations set out in this clause are declared illegal or void or if there has been a breach of a term, condition, warranty, statement or assurance which cannot be excluded by law, then, to the extent permitted by law, our entire liability and your exclusive remedy is limited to, at our discretion, the replacement of the Product or the supply of an equivalent Product.

 

b)      In no event will Tutoring Australasia, including its agents, licensors, employees or contractors, be liable for any direct, indirect or consequential loss (even if Tutoring Australasia is or was aware of the possibility of such loss or if such loss was otherwise foreseeable), including, but not limited to, loss of profits, production, data, opportunity or goodwill; or business interruption, however caused and on any theory of liability, including without limitation, contract or tort (including negligence or otherwise) arising during and/or as a result of any performance or non-performance of the Product or of Jacaranda.

 

c)       To the maximum extent permitted by law, Tutoring Australasia’s maximum cumulative liability under these terms and conditions shall not exceed an amount greater than the amount the School paid for the relevant Product.

10)   General

a)       If any provision of this licence is held to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of this licence, and the remainder of this licence shall continue in full force and effect.

b)      If Tutoring Australasia waives its rights on any given occasion, this does not mean that there has been a waiver of Tutoring Australasia’s rights in future.

c)       This Licence and any properly executed amendments constitute the entire agreement between the parties and supersedes all other prior written or oral agreements and negotiations between the parties regarding this transaction.

11)   Choice of law and jurisdiction

The construction, validity and performance of these terms and conditions are governed in all respects by the law of New South Wales and the parties unconditionally submit to the jurisdiction of the courts of New South Wales.

SpyClass Licence Agreement

Spyclass Licence Agreement

 

This Licence Agreement (as set out in the summary and in the full terms) sets out the terms and conditions under which John Wiley & Sons Australia Ltd of 42 McDougall Street, Milton, QLD 4064, Australia or its licensees (“Wiley”) grants the user (“you”) a licence to access the version of the Spyclass online game and supporting resources, (“Spyclass”).

 

This Licence Agreement is intended for persons 18 years or older. If you are under 18, you should review this Licence Agreement with a parent or guardian to ensure that you and your parent or guardian understand and consent to all the terms.

 

SUMMARY

 

How can Spyclass be used?

 

You may use Spyclass in the following manner for your educational and/or teaching use:

·    View and interact with Spyclass using your personal log-in on your personal computers or devices;

·    Use reasonable excerpts of information from Spyclass in assignments and projects with appropriate credit to Spyclass;

·    If you are a teacher:

o     Make digital copies, photocopies and print-outs of Spyclass and associated digital documents for use in class and use reasonable excerpts in worksheets and teaching materials, provided that all students in the class have legitimate access to Spyclass and with appropriate attribution;

o     Display Spyclass on an interactive whiteboard provided that all students in the class have legitimate access to Spyclass;

o     Use as otherwise separately agreed in writing between your School or Institution and Wiley.

  

How Spyclass CANNOT be Used:

  

For clarity, except as provided above, this licence does not authorise users to:

·     Make and distribute printed copies or digital copies of any part of Spyclass to any person who has not  purchased access to Spyclass;

·     Modify Spyclass;

·     Copy or upload Spyclass or any part of Spyclass onto any computer network (including any Learning Management System or portal site), the internet or circumvent any digital protection measures;

·     Copy Spyclass into a different format than that provided, other than where expressly permitted as part of Spyclass;

·     Use Spyclass on more than one computer or device at a time with the same user log-in;

·     Share a personal log-in and password with any other person;

·     Use Spyclass or parts of Spyclass in any presentation outside of your school without the permission of Wiley; and

·     Authorise users to incorporate parts of Spyclass into other presentations or onto other devices for distribution.

 

At the end of the Licence Term:

 

You agree to delete any saved material from Spyclass you may have retained separately from the online version of Spyclass when your access to Spyclass expires or is otherwise terminated.

 

TERMS AND CONDITIONS

 

 

1.   Access to Spyclass is governed by these Terms and Conditions and the terms set out in the Summary as set out above.

 

2.   Wiley grants you a non-exclusive licence to access, interact with and use Spyclass for duration of this Licence Agreement. Where you are a parent or guardian entering into this Licence Agreement on behalf of a child, you may solely grant that one child access to Spyclass on the terms of this Licence Agreement.

 

3.   This licence is non-transferable.

 

4.   You agree to use Spyclass only as set out in the green box in the Summary. You agree not to use Spyclass in any manner set out in the red box in the Summary. You agree to keep any access code confidential.

 

5.   The licence granted for your use of Spyclass is valid for the Term, as defined in clause 6 below. The Term commences on the date on which you indicate your acceptance to these terms and conditions (“Acceptance Date”).

 

6.   The ‘Term' is defined as:

I.    ‘Individual Version’: Where Spyclass and/or the Access Code is purchased separately - for 487 days (approximately 16 months) from the Acceptance Date.

II.   Where Spyclass has been purchased or provided through your School or Institution: where your School or Institution has provided you with access, then the Term shall be in accordance with your School or Institution’s agreement with Wiley, which is usually for the duration of a school year.

 

7.   Wiley may grant you access to Spyclass for an initial trial period, in which case the Term runs for a period of 7 days or otherwise at the sole discretion of Wiley. If you choose to convert your trial period into an ongoing licence, by payment of a licence fee or as otherwise determined by Wiley, the continued use of Spyclass will be governed by these terms and conditions.

 

8.   In the event that Wiley continues to provide online access to Spyclass following the expiry of the Term or any termination, the continued use of Spyclass will be governed by these terms and conditions and access can be terminated at any time in Wiley’s discretion.

 

9.   At the expiration of the Term, this Licence Agreement will be automatically terminated. If Wiley determines a breach of this Licence Agreement, your licence and Access Code are automatically terminated. If Wiley terminates the licence due to a breach, such termination will be in addition to any other remedies available to Wiley.

 

10.  You acknowledge that all rights (including without limitation, copyrights, patents and trademarks) in Spyclass (including without limitation the structure, sequence, organisation, flow, logic, source code, object code and all means and forms of operation of Spyclass) are the sole and exclusive property of Wiley, and/or its licensors.

 

11.  Wiley makes no representations or warranties, express or implied, in respect of Spyclass, other than that Wiley will use commercially reasonable best efforts to provide continued access to Spyclass for the length of the Term. To the extent allowable by law, Wiley provides the access ‘as is’ and does not provide any other warranties or guarantees, express or implied, as to any availability, fitness for purpose, merchantability or title of Spyclass or of any third party software which may be required to access Spyclass. Access to Spyclass may be intermittently unavailable due to repair and maintenance, and other events out of Wiley's control. Where Australian legislation, including but not limited to the Competition and Consumer Act (Cth), implies any condition or warranty on the supply of Spyclass, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of or liability under such condition or warranty, the condition or warranty shall be deemed to be included in this Agreement.

 

12.  You acknowledge that third party software may be required or recommended to access or use a particular feature of Spyclass. Wiley may provide links to third party sites where such software may be downloaded; however Wiley provides no warranties or assurances as to the safety, suitability or any other aspect of any such third party websites or software. You acknowledge that you will be solely responsible for any damage or loss of data that may result from accessing any third party website linked from this website or downloading or using any third party software or files to your own computer from any third party links and that you do all such actions at your own risk.

 

13.  To the extent allowable by law, Wiley or its licensors will not be liable to you for any damages, including without limitation lost opportunity, lost profits, lost savings, or other incidental or consequential damages arising out of the use or inability to use Spyclass, any third party software or any damage caused to you or your property by utilising Spyclass and the liability of Wiley for any breach of any non-excluded condition or warranty shall be limited, at the option of Wiley, to the replacement of Spyclass, the supply of an equivalent product or service, or to the costs paid by you for Spyclass.

 

14.  You warrant that you will not use Spyclass otherwise than in accordance with the terms of this Licence Agreement.

 

15.  If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. 

 

16.  The construction, validity and performance of these terms and conditions and the Summary are governed in all respects by the law of Victoria and the parties unconditionally submit to the jurisdiction of the courts of Victoria.

 

17.  These terms and conditions are subject to change from time to time at the sole discretion of Wiley. Wiley will give notice of its intention to vary the terms of the Agreement to all users. If it does so, your continued use of Spyclass will be deemed acceptance of these revised terms. Otherwise, these terms may be also amended by agreement in writing between Wiley and yourself or with your School if they have provided you with access.

 

18.  Wiley may make changes to Spyclass, and you agree that Wiley may, from time to time, notify you regarding updates, additions or amendments to Spyclass and any associated services.

 

19.  Other than as expressly set out in this Agreement, all personal information received in relation to this Licence Agreement will be treated by Wiley in accordance with Wiley’s Privacy Policy:

 

yourtutor student agreement

Please access the yourtutor acceptable use policy at the link below.

www.yourtutor.com.au/accceptable-use-policy

Our Vision